Southern Nevada gay rights activist hails ruling
August 4, 2010 - 11:00 pm
A local gay rights advocate applauded a federal judge's ruling striking down California's voter-approved ban on same-sex marriages.
"It is a very good day for Americans who believe the Constitution guarantees us all equal treatment and due process," said Candice Nichols, executive director of The Gay and Lesbian Community Center of Southern Nevada. "It's definitely a victory to be celebrated."
Eight years ago, two-thirds of Nevadans approved the Protection of Marriage constitutional amendment that defines marriage as between a man and a woman. Nevada also does not recognize same-sex marriages from other states.
But a Nevada law that went into effect last year gives those who register as domestic partners many of the same rights and responsibilities as married couples. Those rights include the ability to make health care decisions for each other, have community property and assume parentage for children. Debt and property are shared.
The new law specifies that domestic partners are not considered married and does not affect federal laws. That means a person cannot claim a partner as a spouse to file joint income tax returns or secure Social Security benefits of a deceased partner.
Nichols says she and others are working to get Nevada's Protection of Marriage amendment repealed.
"It's a lengthy process," she said. "Right now, we are at least afforded domestic partnerships and have to be happy with that."
The federal judge's decision in California on Wednesday sets the stage for an appeal that might be destined for the U.S. Supreme Court.